RECENT DECISIONS
VOLUME XLIII, NO. 6 June 2022Current Volume Index
Subject Mater Index
ABUSE
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Civil Theft/Unjust Enrichment
ACCOUNT STATED
Breach of Contract
Business and Finance–Failure to Pay Credit Card Account
Business and Finance–Money Lent/Failure to Pay Credit Card Account
Promissory Note–Failure to Make Payments
ADMIRALTY
Negligence–Assault by Male Cruise Ship Passenger on Female Companion Injures Third Passenger
AGE DISCRIMINATION
Labor and Employment–Civil Rights/Termination of Chef in His Fifties
AUTOMOBILE POLICY PROVISIONS
Insurance–Declaratory Judgment/Insurer's Right to Subrogation for Medical Payment Benefits
BOAT COLLISION
Negligence–Wakeboarder Struck by Boat
BREACH OF CONTRACT
Account Stated–Promissory Note/Failure to Make Payments
Business and Finance
Account Stated–Failure to Pay Credit Card Account
Money Lent–Account Stated/Failure to Pay Credit Card Account
Home Health Services Provider Agreement–Failure to Pay for Services Rendered
Insurance and Bad Faith–Declaratory Judgment/Duty to Defend and Indemnify/Rescission of Policy/Material Misrepresentations
Insurance–Homeowners Policy/Denial of Hurricane Damage Claim
Restrictive Covenants–Mattress Dealer Agreement/Violation of Non-Compete Provision
BUSINESS AND FINANCE
Breach of Contract
Account Stated–Failure to Pay Credit Card Account
Money Lent–Account Stated/Failure to Pay Credit Card Account
Goods Sold–Failure to Pay/Open Account
CIVIL RIGHTS
Freedom of Speech–City Orders Removal of Artwork Deemed Objectionable
Labor and Employment
Age Discrimination–Termination of Chef in His Fifties
Race Discrimination–Family and Medical Leave Act/Retaliation/Black Store Manager Terminated
CIVIL THEFT
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Abuse/Unjust Enrichment
CONVERSION
Intentional Torts–Exploitation of Vulnerable Adult/Civil Theft/Abuse/Unjust Enrichment
DEFENSE VERDICTS
Limited Liability Company–Ownership/Dispute Regarding Ownership of Limited Liability Company
Negligence–Motor Vehicle Collision/Disputed Causation of Damages
EXPLOITATION OF VULNERABLE ADULT
Intentional Torts–Conversion/Civil Theft/Abuse/Unjust Enrichment
FAIR LABOR STANDARDS ACT
Labor and Employment–Wage and Overtime Violations/Failure to Pay Mechanic Overtime and Minimum Wage
FALSE ARREST
Intentional Torts–Malicious Prosecution/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop
FAMILY AND MEDICAL LEAVE ACT
Labor and Employment–Civil Rights/Race Discrimination/Retaliation/Black Store Manager Terminated
FEDERAL TORT CLAIMS ACT
Negligence–Premises Liability/Slip and Fall on Water at Post Office Entrance
FREEDOM OF SPEECH
Civil Rights–City Orders Removal of Artwork Deemed Objectionable
GOODS SOLD
Business and Finance–Failure to Pay/Open Account
HOME HEALTH SERVICES PROVIDER AGREEMENT
Breach of Contract–Failure to Pay for Services Rendered
INSURANCE
Declaratory Judgment–Automobile Policy Provisions/Insurer's Right to Subrogation for Medical Payment Benefits
Homeowners Policy–Breach of Contract/Denial of Hurricane Damage Claim
INSURANCE AND BAD FAITH
Breach of Contract–Declaratory Judgment/Duty to Defend and Indemnify/Rescission of Policy/Material Misrepresentations
INTENTIONAL TORTS
Exploitation of Vulnerable Adult–Conversion/Civil Theft/Abuse/Unjust Enrichment
False Arrest–Malicious Prosecution/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop
LABOR AND EMPLOYMENT
Civil Rights
Age Discrimination–Termination of Chef in His Fifties
Race Discrimination–Family and Medical Leave Act/Retaliation/Black Store Manager Terminated
Fair Labor Standards Act–Wage and Overtime Violations/Failure to Pay Mechanic Overtime and Minimum Wage
LIMITED LIABILITY COMPANY
Ownership–Dispute Regarding Ownership of Limited Liability Company
MALICIOUS PROSECUTION
Intentional Torts–False Arrest/Negligence/Arrest of Driver for Drug Possession Following Traffic Stop
MATTRESS DEALER AGREEMENT
Breach of Contract–Restrictive Covenants/Violation of Non-Compete Provision
MILLION DOLLAR VERDICTS & SETTLEMENTS
Negligence
Nursing Home–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections
Premises Liability–Motor Vehicle Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Premises Liability–Slip and Fall in Store
MONEY LENT
Business and Finance–Breach of Contract/Account Stated/Failure to Pay Credit Card Account
MOTOR VEHICLES
Negligence
Collision–Disputed Causation of Damages
Collision–Failure to Yield/Comparative Negligence
Collision–Injury to Minor
Collision–Subrogation Action
Collision with Bicyclist–Underinsured Motorist
Premises Liability–Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Rear-End collision–Disputed Causation of Damages
Rear-End collision–Disputed Liability and Causation of Damages
Premises Liability–Negligence/Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
NEGLIGENCE
Admiralty–Assault by Male Cruise Ship Passenger on Female Companion Injures Third Passenger
Boat Collision–Wakeboarder Struck by Boat
Intentional Torts–False Arrest/Malicious Prosecution/Arrest of Driver for Drug Possession Following Traffic Stop
Motor Vehicles
Collision–Disputed Causation of Damages
Collision–Failure to Yield/Comparative Negligence
Collision–Injury to Minor
Collision–Subrogation Action
Collision with Bicyclist–Underinsured Motorist
Premises Liability–Collision/Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Rear-End collision–Disputed Causation of Damages
Rear-End collision–Disputed Liability and Causation of Damages
Nursing Home–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections
Premises Liability
Federal Tort Claims Act–Slip and Fall on Water at Post Office Entrance
Motor Vehicle Collision–Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Slip and Fall in Restaurant
Slip and Fall in Store
Slip and Fall on Liquid on Store Floor
Trip and Fall into Hole at Summer Camp/Injury to Minor
Trip and Fall on Sidewalk at Apartment Complex
Real Property–Negligence Per Se/Property Damage/Open Fire Spreads to Neighboring Property/Dog Bite Counterclaim
NURSING HOME
Negligence–Comparative Negligence/Resident of Skilled Nursing Home Develops Ulcers and Infections
OWNERSHIP
Limited Liability Company–Dispute Regarding Ownership of Limited Liability Company
PREMISES LIABILITY
Negligence
Federal Tort Claims Act–Slip and Fall on Water at Post Office Entrance
Motor Vehicle Collision–Pedestrian Customer Struck By Vehicle Exiting Drive-Thru at Coffee Shop
Slip and Fall in Restaurant
Slip and Fall in Store
Slip and Fall on Liquid on Store Floor
Trip and Fall into Hole at Summer Camp/Injury to Minor
Trip and Fall on Sidewalk at Apartment Complex
RACE DISCRIMINATION
Labor and Employment–Civil Rights/Family and Medical Leave Act/Retaliation/Black Store Manager Terminated
REAL PROPERTY
Negligence–Negligence Per Se/Property Damage/Open Fire Spreads to Neighboring Property/Dog Bite Counterclaim
RESTRICTIVE COVENANTS
Breach of Contract–Mattress Dealer Agreement/Violation of Non-Compete Provision
UNJUST ENRICHMENT
Intentional Torts–Exploitation of Vulnerable Adult/Conversion/Civil Theft/Abuse
WAGE AND OVERTIME VIOLATIONS
Labor and Employment–Fair Labor Standards Act/Failure to Pay Mechanic Overtime and Minimum Wage
Injury Index
Ankle
Back
Concussion
Emotional and psychological harm
Emotional distress
Foot
Fracture
Knee
Loss of enjoyment of life
Mental anguish
Pain and suffering
Patella
Pressure ulcers and infections
Expert Witness Index
Medical Experts
GERIATRIC MEDICINE
Seignious, David W.
INTERVENTIONAL PAIN MANAGEMENT
Fox, Ira B.
LIFE CARE PLANNING
Bifulco, Santo Steven
Katz, Richard T.
Lichtblau, Craig H.
Liles, Richard
NEUROLOGY
Gerling, Gerard M.
Grabel, Jordan C.
NEURORADIOLOGY
Macchi, Paul
ORTHOPEDICS
Haycook, Brian E.
ORTHOPEDIC SURGERY
Lonstein, Mark B.
Marwin, Victor Michael
Smith, Michael J.
Venezia, Michael
RADIOLOGY
Arrington, John A.
Buono, Darren
Murtagh, F. Reed
SPINE SURGERY
Shim, John H.
Other Experts
ACCIDENT RECONSTRUCTION
Booeshaghi, Farhad
BILLING
Schweitzer, Vicki
CIVIL ENGINEERING
Fischer, William J.
CONTROLLED SUBSTANCES
Rao, Qinchun
ECONOMICS
Eastridge, Joyce
Mulder, Brenda
Raffa, Frederick A.
LIFE CARE PLANNING
Shahnasarian, Michael
NEUROSURGERY
Boone, James R.
NURSING
Ojeda, Johanna (JoAnn)
VALUATION
Malke, Robert
VOCATIONAL REHABILITATION
Shahnasarian, Michael
Judge Index
Carroll, Hunter W.
Coates, Howard K., Jr.
Cooke, Marcia G.
Curley, G. Joseph, Jr.
Damian, Melissa
Dearing, Katie L.
Falcone, Vincent, III
Frank, David M.
Gentile, Geoffrey H.
Gillman, Paige
Goodman, Jonathan
Janesk, Kenneth J., II
Keim, Donna M.
Lester, Don H.
Maltz, Howard M.
Mansfield, Declan P.
Nicholas, Edward
Roberson, Eric C.
Sharpe Byrd, Kimberly
Sharrit, Michael S.
Sharrit, Michael Scott
Smith, Layne
Sniffen, Charles
Steele, John E.
Walker, Gloria R.
Insurance Company Index
Citizens Property Insurance Corporation
Direct General Insurance Company
GEICO
Peak Property and Casualty Insurance Corporation
Progressive Select Insurance Company
State Farm Mutual Insurance Company
Attorney Index
Aguila, Raul J.
Aloise, Paul M., Jr.
Alrutz, Laura H.
Amos, Kenneth E., Jr.
Aronfeld, Spencer Marc
Bellew, Brandon D.
Berke, Bill B.
Biddle, Michael
Blickensderfer, Michael C.
Bober, Peter
Boettcher, Ian
Braga, Vanessa A.
Bryant, Joseph R.
Burke, Ryan S.
Bustard, John W.
Casal, Cristobal A.
Caskey, J. Richard
Cazin, Christopher A.
Comstock, Jared D.
Cook, Kevin B.
Crowley, Kathleen H.
Devolder, Elizabeth G.
DiBello, Darin A.
Dicus, Wesley, Sr.
DiSalle, Lisa
Fischbach, J. Blaise
France, Michael A.
Galo, Daniel T.
Gebeloff, Stephen B.
Gelinas, Jason W.
Gilbert, Ryan L.
Glass, Michael L.
Goldstein, Zeb
Gonzalez, Kristin S.
Gordon, Robert M.
Gordon, Trevor M.
Gosen, Raymond J.
Gubernat, Jesse
Gula, William C.
Guter, Brian M.
Hale, Patrick M.
Hanley, Catharine D.
Hanson, Mark
Harne, Alexander T.
Hayashi, Matthias M.
Henratty, Scott L.
Hernandez Ivey, Abby
Hooker, Valerie L.
Hould, Stephen A.
Humphries, Jeffrey J.
Iyampillai, Patrick A.
Jacobson, Steven J.
Kaul, Sumeet
Khanal, Robin N.
Kinnaman, Christopher J.
Kirch, Janeen M.
Kirollos, Yasmine
Knopf, Andrew F.
Landy, Riley
LaPointe, Douglas J.
Levine, Alan
Levitt, Lauren A.
Lewis, Harold Davis, Jr.
Lindeman, William M.
Logan, Meagan L.
Longfellow, Joe, III
Loutos, Cassidy
Maione-Walsh, Lauren
Malavenda, Edward
Mase, Curtis J.
McClain, Brian K.
McElligott, Matthew
McFarlane, William J., III
Miller, Andrew D.
Mitnick, Keith R.
Mixson, Robert W.
Modlin, Scott E.
Mogg, Randall T.
Molaghan, Ryan P.
Morales, Michele
Murphy, J. Scott
O'Hara, J. Stephen, Jr.
Olsen, Robert L.
Pajcic, Curry Gary
Pajcic, Seth A.
Payne, Spencer L.
Paz, Rafael
Peak, Peter A.
Poage, Stuart C.
Poulakidas, Athanasios
Reed, Michael E.
Remer, Jason S.
Rhodus, Kristin
Rine, John A.
Rinehart Rassif, Jenna
Rosenwald, Robert F., Jr.
Salzano, Anthony M., Sr.
Schiller, Bruce H.
Seitz, William R.
Shevlin, Barry T.
Shutters, Peter G.
Silverman, Sara
Spath, Robert A.
Spraker, Chad C.
Storch, Noah E.
Therrell, Kendra B.
Tilley, Daniel B.
Torres, Mario E.
Turci, Amy R.
Underhill, W. Ashby
Urban, John L.
Wasson, Roy D.
Xenakis, Sean-Kelly